When Contracts Become Weapons: Are You Protected or Targeted?

While we often recognise bullying in its physical or verbal forms, we must also acknowledge a more subtle but equally damaging version: contract bullying. It doesn’t shout or shove, but it shows up quietly in clauses designed to control, not collaborate.

These actions may be legal, but that doesn’t make them fair.

A contract can be like a weapon, it can be used to protect, or to harm.

The question is, when contracts become weapons, are you protected or targeted?

What Does Contract Bullying Looks like

In construction industry, contract bullying often wears a high-vis vest of “standard practice.”

You might’ve seen it before:

• A subcontractor is told to start on site before a contract is signed, however, later to have their scope picked apart.

• A delay notice gets ignored for months, then rejected entirely on a technicality.

• Push contractor to work on VO works without approve the value, later to reduce the claimed value based on " fair and reasonable" assessment.

• The contract was signed based on a mutual intention of working collaboratively, however, the contract wording did not reflect the intention at all.

  
  

These situations don’t involve raised voices or direct threats. But they create power imbalances, trigger stress, and in some cases, drive small operators out of business.

And when that’s the result? That’s bullying, only dressed in paperwork.

Why This Matters

We talk a lot about creating safer sites, both physically and mentally. Toolbox talks, site inductions, and mental health initiatives are all steps in the right direction. But the truth is, safety doesn’t start on site. It starts in the contract.

When contract terms are unfair, they create risks long before a single tool is lifted. Unfair contracts introduce uncertainty and cashflow pressure, especially when payment timelines are vague, or retentions drag on far beyond project completion.

They undermine psychological safety, forcing people to operate under fear of repercussions rather than with confidence in the process. They lead to breakdowns in trust and morale, with people pointing fingers on each other instead of working together to solve problems.

And perhaps most damaging of all, they reinforce a culture of “take it or leave it,” where collaboration is replaced by control.

And here’s the kicker: most of these contracts are signed without negotiation.

Why? Because smaller contractors often feel they don’t have the leverage, or the legal understanding, to push back. Many are told, “It’s just how things are done,” or “Sign it or we’ll find someone else.”

That’s not collaboration. That’s coercion.

And it’s time we called it what it is: a form of workplace bullying hidden behind legal language.

The Importance of Clear Communication

Effective communication is foundational for a respectful and secure working environment. When everyone involved in a construction project understands their responsibilities and procedures for resolving disputes, the likelihood of conflict diminishes.

Regular check-ins, perhaps weekly or bi-weekly, can facilitate constructive conversations with all stakeholders. These meetings can serve as venues for addressing any concerns, clarifying language in contracts, and ensuring everyone is aligned with project objectives.

Miscommunication can lead to frustration and aggravation. Fostering a culture where dialogue is valued can prevent minor issues from escalating into significant conflicts and strengthen professional relationships.

What Can We Do Differently?

1. Educate, Don’t Intimidate

Most bullying doesn’t happen in public, it happens in silence.

And that silence often comes from not knowing your rights, not understanding the contract, or feeling like you have no power to question it.

This is especially true in construction, where many contractors and subcontractors are handed agreements filled with legal jargon and tight deadlines, with little to no explanation. When someone signs something they don’t fully understand, out of fear of losing the job or simply trying to “keep the peace”—they’ve already been put at a disadvantage.

But it doesn’t have to be that way.

We can shift the dynamic by making contract education part of the project culture. This doesn’t mean turning everyone into a lawyer. It means making key concepts accessible and clear. Because when people know the rules, they’re less likely to be pushed around.

Creating a culture of understanding means more confidence, better relationships, and fewer disputes. It gives smaller contractors the tools to ask questions and negotiate professionally, rather than being cornered by fear or silence.

2. Don’t Copy-Paste the Risk

In today’s fast-paced construction environment, it’s tempting to use existing contract templates as a shortcut, especially when time is tight, and the pressure to “get the job started” is on. But here’s the problem: too many of those templates were never designed with fairness in mind.

Some contracts have been passed down, copied, and recycled for years, complete with unbalanced clauses, vague risk allocation, and outdated provisions that no longer reflect current project realities.

We’ve all heard the phrase: "That’s just how we’ve always done it."

But if we keep copying contracts that shift all the risk downstream onto subcontractors, suppliers, or consultants, we’re not managing risk, we’re just passing the pain.

Here are a few red flags that might indicate your contract needs a fresh look:

• One-sided liability clauses that expose smaller parties to major risk, regardless of fault

• Ambiguous scopes that leave room for blame-shifting instead of clear expectations

• Unrealistic timeframes that don’t reflect actual site constraints or procurement lead times

• Automatic defaults and penalties that remove the chance for dialogue when issues arise

Instead of treating the contract like a rigid legal formality, treat it like a risk map, a chance to share responsibilities transparently.

And if you are unsure, remember to ask:

• Do these clauses reflect the actual risks on this project?

• Have both parties had a chance to contribute to the terms?

• If I were on the receiving end of this contract, would I feel safe signing it?

  
  

Because when we blindly copy-paste risk, we’re not streamlining, we’re hardwiring inequality. And that’s not just inefficient. It’s unjust.

Let’s do better by building contracts that respond to the project in front of us, not the project we completed five years ago.

3. Write to Protect, Not Punish

A well-drafted contract should act like a protection, punishment. It should support problem-solving, not trigger confrontation at the first sign of trouble.

Too often, we see contracts written with an almost combative mindset: long lists of obligations for one party, vague commitments from the other, and penalty clauses that kick in faster than a conversation ever could. This approach doesn’t build trust, it builds tension.

Construction is complex. Delays happen. Scope shifts. Supply chains get disrupted. If your contract doesn’t allow for that reality, it isn’t managing risk—it’s weaponising it.

To move toward fairness, we need to embed mechanisms that encourage collaboration and transparency, not silence and fear.

That means the contract could including:

• Timely payment provisions with clear triggers and transparent approval processes

• Defined variation procedures that don’t penalise change but help manage it with clarity

• Dispute resolution clauses that prioritise dialogue before escalation

• Mutual responsibilities, not just expectations from one side

  
  

It’s about writing contracts that don’t just protect the top tier, but create a structure where everyone involved knows where they stand, and what to do if something goes wrong.

4. Speak Up When It Matters

Fairness doesn’t just happen behind closed doors in legal offices, it starts in everyday conversations, tender meetings, and project kick-offs. If you’re in a position to influence how contracts are written, interpreted, or applied, you have power. Use it.

You don’t have to be a lawyer to challenge terms that don’t sit right. In fact, some of the most meaningful change happens when project managers, quantity surveyors, estimators, and site people speak up. These are the people who see how contracts actually play out on the ground, who see the human impact of unfair clauses.

Too often, people stay silent because they assume, “It’s already been signed,” or “It’s above my pay grade.” But fairness isn’t about hierarchy. It’s about responsibility.

If you spot a clause that feels one-sided, say something. If a subcontractor is being pressured unfairly, speak up. If you’re involved in contract negotiation, ask whether the risk is balanced, not just whether the clause is standard. Because silence, especially from those who know better, enables bully to thrive.

In the New Zealand construction industry, where relationships and reputations matter, speaking up might feel risky, but not speaking up has consequences too. It normalises inequality. It keeps bullying hidden behind “commercial reality.” And it teaches the next generation that compliance matters more than courage.

Let’s change that narrative.

By raising concerns with empathy and professionalism, you’re not being difficult, you’re protecting your team, your project, and your industry.

Let's Not Look the Other Way

You wouldn't let bullying slide on your site.

So why let it happen quietly, buried in your contract?

Here’s a challenge for you: take a fresh look at the contracts you’re working with.

Whether you’re a QS, a PM, or a subbie, ask yourself:

• Who does this contract really protect?

• Who carries most of the risk, and is that fair?

  
  

And most importantly:

Does this contract reflect the kind of industry we’re trying to build?

Because in construction, the most powerful change doesn’t always come from tools or technology. Sometimes, it starts with a pen. A clause rewritten. A silence broken. A question asked that no one had the courage to raise before.

Let’s commit to calling out bullying in all its forms, even the ones dressed in legal language. Let’s write, negotiate, and stand for contracts that protect, empower, and respect.

Fairness isn’t a luxury. It’s a foundation.

When the contract is written to protect, everyone wins.

It builds better relationships, reduces dispute risk, improves project delivery, and promotes a culture where issues are raised early, not buried until it’s too late.

Because in this industry, we don’t just build with materials.

We build with people.

And people thrive in environments that are fair, clear, and safe, right from the first page of the contract.